Emails Reveal Improper Use by APD of License Plate Reader Program
By Austin Sanders, June 3, 2025, 9:43am, Newsdesk
At multiple points during the pilot period of the Austin Police Department’s Automated License Plate Reader (ALPR) program, one out of five searches conducted by officers of the vast license plate database were done without any clearly documented reason or justification, according to new data shared by Austin Police Department officials.
In an email sent by Assistant Chief Sheldon “Scott” Askew to multiple City Council aides late Monday evening that was obtained by the Chronicle, Askew reveals that in the second quarter of 2024 and the first quarter of 2025, more than 20% of searches did not have a case number attached nor a clear reason for the search listed in the resolution passed by Council three years ago when they re-authorized the ALPR program. In Q3 and Q4 of 2024, 11% and 16% of searches similarly lacked any clear justification.
The revelations come as Council considers a renewal of the program, which uses hundreds of cameras installed in fixed positions throughout the city and mounted on police vehicles to automatically snap photos of vehicle license plates. The license plate images are all stored in a database operated by Flock, one of the vendors the city has contracted with for the program, along with date, time, and location associated with each photo for a period of seven days to assist officers with specific types of criminal investigations.
APD did not respond to our request for comment before publication of this story, but at prior Council meetings, APD officials say that the program is a vital investigative tool, because it allows officers to quickly locate vehicles that were stolen or that may have been used in perpetration of a serious crime. At the same time, the tool is concerning to opponents, because all of the information in the database can be accessed by local law enforcement, with APD’s permission, but in some cases, state and federal law enforcement officials can require APD to turn over entries from the database.
The ALPR program has been fiercely opposed by criminal justice and technology groups who see the technology as a mass surveillance tool that could be exploited by federal law enforcement officials to help with immigration enforcement or other investigations that conflict with Austin values. Last week, 404 Media published a story showing how Immigration and Customs Enforcement (ICE) has accessed ALPR databases in local jurisdictions across the nation to assist with deportations.
Council prohibited APD from using the technology in 2020 but renewed its use through a pilot in 2023 after adding guardrails intended to protect the privacy of Austin residents and limit the use of ALPRs outside of the investigation of crimes like vehicle theft, human trafficking, and other more serious crimes. The APD General Order written to outline proper use of the ALPR program states that any department personnel authorized to use the tool should receive annual training on the “appropriate use and collection of ALPR data” which should “emphasize the requirement to document the reason for the inquiry.”
The end of the pilot period came with an independent report conducted by the Office of the City Auditor, which was presented to Council on May 19. The report did not include any of the findings indicating that some ALPR searches were conducted in violation of department policy. It is unclear at this point why the searches were conducted, because APD has declined to share that information with Council offices and OCA. (In his June 2 email, Askew says the information could harm active criminal investigations.)
In his email, Askew appeared to acknowledge the improper use of the ALPR database and that the department was taking steps to address the problem. “[APD] recognizes the importance of transparency in the usage of the ALPR system,” Askew wrote, adding that the department was working with Flock to update the system so that officers are required to input a case number and a reason for the search whenever it is accessed. “Despite not being required by resolution or policy,” Askew also wrote, “the majority of officers are still inputting a case number in the search inquiries.”
The audit did reveal, however, contract language in the agreement with Flock that could authorize the vendor to retain ALPR data beyond the Council-mandated seven-day retention period and even share it with outside entities. APD was aware of the language when the contract was signed but told the city’s Law Department that, in their view, the language was acceptable.
The new revelations about how the ALPR program was used over the one-year pilot program are likely to cause concern among Council members – including CM Mike Siegel, who outlined his objections to the program in a message board post last week.
”In 2023, Council put together some of the strongest ALPR guardrails in the nation,” Siegel told the Chronicle on June 3. “It’s now clear, however, in this new political era in which citizens are being deported and dissidents are being detained, guardrails are not going to work.”
At the time of publication, Council was taking public comment at their June 3 work session on renewal of the program. Several advocates for immigrants shared their fears over how the ALPR tool could be used to assist with ICE deportations.
Council is set to vote on renewal of the program on Thursday, June 5.
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